Western Australian Current Acts Western Australian Current Acts (1) The Authority may,
in the name and on behalf of the State, grant a lease, licence, or easement in
respect of any Crown land of which it has the care, control, and management,
except to the extent that it would be inconsistent with subsection (3), (4),
(5), or (6), the Government Railways Act 1904 , or anything in a relevant
instrument, to do so.
(2) In subsection (1)
—
relevant instrument means an instrument giving the
Authority the care, control, and management of the land.
(3) The Authority must
obtain the Minister’s written approval before it grants a lease,
licence, or easement under subsection (1) unless the lease, licence, or
easement meets criteria prescribed by the regulations.
(4) Before granting a
lease, licence, or easement under subsection (1) in respect of any Crown land
that is in the DBNGP corridor (as defined in the
Dampier to Bunbury Pipeline Act 1997 Part 4), or anything on that land, the
Authority must obtain the written approval of the DBNGP Land Access Minister
(as defined in that Part).
(5) The grant of a
lease, licence, or easement in respect of Crown land under subsection (1), or
anything on that land, is on the conditions that —
(a) the
land or thing is not to be used in a way that is inconsistent with anything
that is on, or is being done on, corridor land as defined in the
Rail Freight System Act 2000 in accordance with rights conferred under Part 3
of that Act; and
(b)
except as may be permitted by regulations under this Act, the land or thing is
not to be used in a way or to an extent that could reasonably be expected to
materially interfere with the exercise in the future of rights that have been,
or might in the future be, conferred under Part 3 of that Act.
(6) The period for
which a lease or licence is granted under subsection (1) cannot exceed 50
years.
(7) For the purposes
of this section and any prescribed criteria, the period for which a lease or
licence is granted includes any period for which it is renewable under an
option to renew.
(8) Nothing in a
provision of this Act that is not in this section authorises the Authority to
dispose of an estate or interest in any Crown land of which it has the care,
control, and management.